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Surrogate motherhood in Kazakhstan Printable version

Last update: 11.12.2019

a12.pngAssisted reproductive technologies (ART) are methods of treatment of infertility, in which some or all of the stages of conception and early embryo development are carried out outside the body.

Surrogacy - assisted reproductive technology, the application of which in the conception and birth of a child involved three people:

genetic father - the person who provided the sperm for fertilization and concurring after birth to assume the responsibilities of his father;

genetic mother - the person providing your egg for fertilization and concurring after birth to assume the responsibilities of the mother; 

the surrogate mother - a woman of childbearing age who agreed on a fee or free of charge to carry and give birth to a child from the genetic parents and not pretending to be the mother of this child.

At the legislative level in Kazakhstan, surrogacy is permitted unlike other countries like France, Germany, Austria, Norway and Sweden, where services of a surrogate mother are prohibited by law.

The origin of surrogacy in Kazakhstan takes in 1998, when the Act was passed, "Marriage and the Family," which gave the right to use this method of assisted reproductive technology (ART). In 1999, the Center for Human Reproduction spent the first surrogacy program. In 2004 there was a law "On reproductive rights and guarantees of their implementation." In 2009 there was the Code "On people's health and the health care system." These documents laid the legal basis of surrogate motherhood.

January 7, 2012 was enacted Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family." The then existing law of the Republic of Kazakhstan of 17 December 1998 "On Marriage and Family" is declared invalid.

Thus, the Code of RK "On Marriage (Matrimony) and Family" contains a chapter 9 "Surrogacy and the use of assisted reproductive techniques and technologies."

Article 54 of the Code provides that a contract of surrogate motherhood, which is written in compliance with the civil legislation of the Republic of Kazakhstan and is subject to mandatory notarization. Along with the contract surrogate motherhood wife (customers) enter into a contract with a medical organization employing assisted reproductive techniques and technologies, which will provide the relevant services.

Article 56 of the Code establishes the requirements for a surrogate mother.

First, the woman who wants to become a surrogate mother, must be between the ages of twenty to thirty-five years, have a satisfactory physical, mental and reproductive health, evidence of a medical organization, as well as to have their own healthy baby.

Second, if the surrogate mother is a married couple (marriage), at the conclusion of the contract surrogate motherhood must submit a written consent of the spouse, which must be certified by a notary.

Third, the medical organization applying assisted reproductive techniques and technologies required to make a determination on their application with a complete and exhaustive information about the used for this biomaterials themselves persons wishing to have a child, or the donor bank.

One copy is attached to the sign the notarized contract surrogate motherhood and is stored at the place of the transaction.

According to Article 59 of the Code, the parents of a child born as a result of assisted reproductive techniques and technologies on the basis of surrogate motherhood agreement recognized wife (customers).

In other words, the genetic mother of the child immediately after birth officially recorded mother baby, and since then the surrogate mother does not have this child in any way.

Genetic parents are obliged to bear the material costs associated with the passage of a surrogate mother a medical examination, the use of ART; to pay for health care surrogate mother during pregnancy, childbirth, and for fifty-six days after birth, and in the case of complications related to pregnancy and childbirth - within seventy days after delivery.

A surrogate mother should be monitored regularly by a doctor and strictly follow his recommendations and destination; regularly informed "customers" of pregnancy, and most importantly - to pass on to her unborn surrogacy program child "customers."

Services for the selection of a surrogate mother and the relevant medical procedures in Kazakhstan provided IVF centers and specialized centers of surrogate motherhood (Agency of surrogate motherhood "Bolashak")

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